Frosh Joins Another Suit Against Trump Administration

Maryland Attorney General Brian E. Frosh today joined a coalition of 11 Attorneys General in filing a lawsuit against the U.S. Department of Energy (DOE) over its failure to comply with the law and publish in the Federal Register finalized energy efficiency standards for five products: portable air conditioners, uninterruptible power supplies, air compressors, walk-in coolers and freezers and commercial packaged boilers.

These standards would save consumers and businesses an estimated $11.6 billion, reduce greenhouse gas emissions by more than 159 million tons, and conserve over 242 billion kilowatt-hours of electricity – the equivalent of the annual electricity consumption of more than 19.3 million households – over a 30-year period. The suit in the U.S. District Court for the Northern District of California.

“Ignoring laws that were implemented to protect the health of our citizens and our environment is unacceptable,” said Attorney General Frosh. “By stalling and not complying with common-sense energy efficiency standards, President Trump and his Administration are wasting money and energy, and causing unnecessary pollution.”

The energy efficiency standards were approved by the Acting Assistant Secretary for Energy Efficiency at DOE in December 2016. As required under the law, the standards then went through two procedural steps. First, they were subject to a 45-day correction request period. Once this period closed, the DOE had a 30-day period to submit these rules for publication in the Federal Register, which makes the rules legally enforceable.

The DOE did not complete this final step. This is a clear violation of the Energy Policy and Conservation Act, the Administrative Procedure Act, and the Federal Register Act.

In the lawsuit, which was filed after a 60-day notice of intent to sue letter was delivered to the Department of Energy, Attorney General Frosh highlighted that Maryland has a significant interest in increased energy efficiency and reduced energy use, in protecting their population and environment, and in enforcing the provisions of their laws designed to foster energy efficiency and reduce global warming related impacts. Attorney General Frosh added that these efforts are harmed by the DOE’s illegal decision not to publish the energy efficiency standards.

Attorney General Frosh joins California Attorney General Xavier Becerra and New York Attorney General Eric Schneiderman, co-leads in the suit, and the Attorneys General of Connecticut, Illinois, Maine, Massachusetts, Oregon, Pennsylvania, Vermont and Washington. The City of New York is also a Plaintiff in the lawsuit.